Madras High Court
WP/41102/2026 of C.SRIKANTH Vs The Government of Tamilnadu on 7 October 2026
WP No. 41102 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-10-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE R.RAJESH VIVEKANANTHAN
WP No. 41102 of 2026
CNR: {HCMA012414922026}
C.Srikanth
..Petitioner(s)
Vs
1. The Government of Tamilnadu
Rep by its secretary
Housing and urban Development
Department
Secretariat,
Fort St.George,
chennai-600 009
2. The Additional Secretary (Technical)
Housing and urban Development
Department
Secretariat,
Fort St.George,
chennai-600 009
3. Greater chennai corporation
Rep by its commissioner
Ripon buildings,
chennai-600 003
4. The Executive Engineer
Zone 15,Greater Chennai corporation
having their office at
Chennai-600 119
WP No. 41102 of 2026
5. The Assistant Executive Engineer
Unit 44, Zone 15, greater Chennai
corporation
having their office at
No.120, Rajiv Gandhi salai
sholinganallur
Chennai-600 119
6. The Assistant Engineer
Division 192, Unit 44, Zone 15 Greater
chennai corporation
having their office at
Chennai-600 119
..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India issuing writ of certiorarified mandamus to call for the records relating to the impugned notice dated 26.09.2026 bearing No.Div.192/J1/188/2018 issued by the 4th to 6th respondents and quash the same and consequently direct the 3rd and 4th respondents to consider the petitioner’s representations dated 07.02.2020 and 29.09.2026.
For Petitioner(s):
Mr.N.Ramakrishnan
for M/s.Ark Law Associates
For Respondent(s):
Mr.K.Surrender
Special Government Pleader for R1&2
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ORDER
(Order of the Court was made by S.M.Subramaniam J.) The present writ petition has been instituted challenging the de- occupation notice dated 26.09.2026 issued under Section 56, Sub- section 2(A) and 57 r/w Section 82 of the Tamil Nadu Town and Country
WP No. 41102 of 2026
Planning Act, 1971.
2. Learned counsel for the petitioner would submit that lock and seal and demolition notice was issued vide Proceedings dated 28.01.2020. However, petitioner has not preferred any revision under Section 80A of the Act. Based on wrong information, as if petitioner filed a revision before the Government which was rejected, the present impugned notice has been issued.
3. In response, learned Special Government Pleader would submit that petitioner has not preferred any revision petition and that portion of the impugned order appears to be incorrect.
4. However, disputed questions of fact of this nature are to be adjudicated on merits by the competent authority. Section 80A provides for an appeal at the instance of an aggrieved person, which is an efficacious remedy. All disputed facts may be adjudicated before the Government by way of revision. Exhausting such remedy is of paramount importance. Factual findings of Government in a revision order under Section 80A would do greater assistance to the Courts to exercise the powers of judicial review in an effective manner. Therefore, exhausting alternate remedy in such cases are to be enforced, so as to
WP No. 41102 of 2026
ensure disputed facts are dealt with by the authorities with reference to the documents and evidences available on record.
5. In view of the fact that petitioner has not filed any revision under Section 80A of the Town and Country Planning Act, liberty is granted to him to file revision in a prescribed format before the Government. In the event of preferring any such revision petition, Government shall entertain the same, decide the revision on merits and in accordance with law as expeditiously as possible.
6. Accordingly, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (R.R.V.,J.) 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD To
1. The Government of Tamilnadu Rep by its secretary Housing and urban Development Department Secretariat, Fort St.George, chennai-600 009
WP No. 41102 of 2026
2. The Additional Secretary (Technical) Housing and urban Development Department Secretariat, Fort St.George, chennai-600 009
3. Greater chennai corporation Rep by its commissioner Ripon buildings, chennai-600 003
4. The Executive Engineer Zone 15,Greater chennai corporation having their office at
Chennai-600 119
5. The Assistant Executive Engineer Unit 44, Zone 15, greater chennai corporation having their office at No.120, Rajiv Gandhi salai sholinganallur chennai-600 119
6. The Assistant Engineer Division 192, Unit 44, Zone 15 Greater chennai corporation having their office at
Chennai-600 119
WP No. 41102 of 2026
S.M.SUBRAMANIAM, J. AND R.RAJESH VIVEKANANTHAN, J. GD WP No. 41102 of 2026 07-10-2026